Opinion
8547 Index 153641/16
02-28-2019
Oludotun AKINDE, Plaintiff–Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant–Respondent.
Levine & Blit, PLLC, New York (Matthew J. Blit of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.
Levine & Blit, PLLC, New York (Matthew J. Blit of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.
Friedman, J.P., Kapnick, Webber, Oing, Singh, JJ.
Order, Supreme Court, New York County (Alexander M. Tisch, J.), entered October 24, 2017, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff's claims of discrimination and hostile work environment under the State and City Human Rights Laws are based on alleged conduct that occurred more than three years before this action was commenced in April 2016 and therefore were correctly dismissed as time-barred ( CPLR 214[2] ; Administrative Code of City of N.Y. § 8–502[d] ). The alleged discriminatory acts are discrete acts that provide no basis for finding a continuing hostile work environment or pattern of unlawful conduct (see National R.R. Passenger Corp. v. Morgan , 536 U.S. 101, 113–114, 122 S.Ct. 2061, 153 L.Ed.2d 106 [2002] ).
Plaintiff's claim that defendant retaliated against him for engaging in protected activity, namely, filing complaints with the New York State Division of Human Rights, was correctly dismissed for failure to state a cause of action ( CPLR 3211[a][7] ). In support of such claim, plaintiff fails to allege facts sufficient to establish a causal connection between the protected activities and the conduct alleged to be retaliatory (see Baldwin v. Cablevision Sys. Corp. , 65 A.D.3d 961, 967, 888 N.Y.S.2d 1 [1st Dept. 2009], lv denied 14 N.Y.3d 701, 2010 WL 456884 [2010] ).
We have considered plaintiff's remaining arguments and find them unavailing.